Code of the District of Columbia

Part B. Demand Response Electrical Generating Sources.


§ 8–101.11. Definitions.

For the purposes of this part, the term:

(1) “Best available control technology” or “BACT” means the pollution control standard as determined by the Director consistent with, but no less stringent than, 42 U.S.C. §  7479(3).

(2) “Demand response generating source” means a stationary generator subject to an agreement or obligation to provide power in response to power grid needs, economic signals from competitive wholesale electric markets, or special retail rates. The term “demand response generating source” shall not include a generator that derives its energy from an energy source that qualifies as a tier one renewable source under Chapter 14A of Title 34 [§  34-1431 et seq.].

(3) “Director” means the Director of the District Department of the Environment.


(Sept. 9, 2014, D.C. Law 20-135, § 201, 61 DCR 6767.)


§ 8–101.12. Disclosure.

A person who owns or operates an internal combustion engine as a demand response generating source shall track and submit an annual report disclosing the total number of hours, including the dates and times, that the source operated during the preceding year, and the total number of hours, including the dates and times, that the source operated as a demand response generating source during the preceding year, as well as any additional information the Director requires. The report shall be submitted to the District Department of the Environment by March 1, 2015, and annually on March 1 thereafter.


(Sept. 9, 2014, D.C. Law 20-135, § 202, 61 DCR 6767.)


§ 8–101.13. Limitation on the use of a generator as a demand response generating source.

(a) No person shall construct or operate an internal combustion engine as a demand response generating source unless the source implements, at a minimum, current best available control technology in accordance with a permit issued by the Director.

(b) A demand response generating source shall not be classified or permitted as an emergency generator.

(c) Nothing in this part shall prevent the Director from denying an application for or renewal of a permit for a demand response generating source to protect air quality or to encourage energy efficiency or conservation-based demand response in the District.

(d) A person found by the Director to be in violation of this section shall be subject to the civil penalties available under §  8-101.05c.


(Sept. 9, 2014, D.C. Law 20-135, § 203, 61 DCR 6767.)


§ 8–101.14. Rules; fees.

(a) The Mayor, pursuant to Chapter 5 of Title 2 [§  2-501 et seq.], may issue rules to implement the provisions of this part, including establishing permit fees and other fees necessary to support the implementation of this part.

(b) The Mayor may require reimbursement of costs for services, including inspections, sample collection, document review, or other reasonable costs or fees incurred in implementing this part or a regulation promulgated pursuant to this part.


(Sept. 9, 2014, D.C. Law 20-135, § 204, 61 DCR 6767.)